ANNEXURE
EXTRACT
FROM THE TELECOM REGULATORY AUTHORITY OF INDIA ACT, 1997
(24 OF 1997)
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CHAPTER IV
APPELLATE TRIBUNAL
14. The Central Government shall,
by notification, establish an Appellate Tribunal to be known as the Telecom
Disputes Settlement and Appellate Tribunal to
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(c) exercise
jurisdiction, powers and authority conferred on
(i) the Appellate Tribunal
under the Information Technology Act, 2000;
and
(ii) the Appellate
Tribunal under the Airports Economic Regulatory Authority of India Act, 2008.
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EXTRACTS FROM THE INFORMATION TECHNOLOGY ACT, 2000
(21
OF 2000)
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43A. Where a body corporate, possessing, dealing or
handling any sensitive personal data or information in a computer resource
which it owns, controls or operates, is negligent
in implementing and
maintaining reasonable security practices and procedures and thereby causes
wrongful loss or wrongful gain to any person, such body corporate shall be
liable to
pay damages by way of compensation to the person so affected.
Explanation.For the purposes of this section,
(i) "body corporate" means
any company and includes a firm, sole proprietorship or other association of
individuals engaged in commercial or professional activities;
(ii)
"reasonable security practices and procedure" means security practices and
procedures designed to protect such information from unauthorised access,
damage, use, modification, disclosure or impairment, as may be specified in an
agreement between the parties or as may be specified in any law for the time
being in force and in the absence of such agreement or any law, such
reasonable security practices and procedures, as may be prescribed by the
Central Government in consultation with such professional bodies or
associations as it may deem fit;
(iii) "sensitive personal data or
information" means such personal information as may be prescribed by the
Central Government in consultation with such professional
bodies or
associations as it may deem fit.
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81. The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in any other law
for the time being in force:
Provided that nothing contained in this Act
shall restrict any person from exercising any right conferred under the
Copyright Act, 1957 or the Patents Act, 1970.
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87. (1)* * * * *
(2) In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely:
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(ob) the reasonable security practices and procedures
and sensitive personal data or information under section 43A;
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EXTRACT FROM THE RIGHT TO INFORMATION ACT, 2005
(22 OF 2005)
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8. (1) Notwithstanding anything contained in this Act,
there shall be no obligation to give any citizen,
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(j)
information which relates to personal information the disclosure of which has no
relationship to any public activity or interest, or which would cause
unwarranted invasion of the privacy of the individual unless the Central Public
Information Officer or the State Public Information Officer or the appellate
authority, as the case may be, is satisfied that the larger public interest
justifies the disclosure of such information:
Provided that the information
which cannot be denied to the Parliament or a State Legislature shall not be
denied to any person.